| 7. | In consideration of the payments and benefits provided to you under this Agreement, to which you would not otherwise be entitled, you, on your own behalf and on behalf of each of your heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the "Soman Parties") hereby irrevocably and unconditionally release and forever discharge the Company and its subsidiaries and affiliates and each of their respective past and present officers, employees, directors, members, managers, partners, shareholders, representatives and agents (collectively, the "Company Parties"), from any and all claims, actions, causes of action, rights, judgments, fees and costs (including attorneys' fees), obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, "Claims"), including, without limitation, any Claims based upon contract, tort, or under any federal, state, local or foreign law, including but not limited to, any Claims under the Age Discrimination in Employment Act, as amended, the Older Worker Benefit Protection Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 1981, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, as amended, the Fair Labor Standards Act, as amended, the Equal Pay Act, as amended, the Occupational Safety and Health Act, as amended, the Consolidated Omnibus Budget Reconciliation Act, as amended (COBRA), the New York State Human Rights Law, as amended, New York Labor Law, as amended, New York City Human Rights Law, as amended, and the Administrative Code of the City of New York, and/or any other federal, state or local statute, ordinance, regulation, constitutional provision or law, or the common law of the United States or of any state, that the Soman Parties may have, or in the future maypossess, that occurred, existed or arose on or prior to your execution of this Agreement; provided, however, that you do not release, discharge or waive any rights to payments and benefits provided under this Agreement. Nothing in this Release shall affect your rights to any vested benefits under any Company pension plan, if any, or to enforce your rights under this Agreement. Additionally, you covenant that none of the Soman Parties shall bring any action or proceeding against any of the Company Parties related to any Claim released hereby. Notwithstanding the foregoing, this Agreement (i) does not extend to those rights which as a matter of law cannot be waived and (ii) does not limit any right any of the Soman Parties may have to file a charge or complaint with any state or federal agency or to participate or cooperate in such a matter (but you do pursuant to this Agreement waive the right of any of the Soman Parties to obtain any monetary damages resulting from any action or proceeding that may be brought by any state or federal agency). You represent and warrant that you are the sole and lawful owner of all rights, title and interest in and to every Claim and other matters that are being released hereby and that no other party has received any assignment or other right of substitution or subrogation to any such Claim or matter. You also represent that you have the full power and authority to execute this Agreement on behalf of the Soman Parties. |
